Importer of Controlled Substances Application: Fisher Clinical Services, Inc., 61248-61249 [2016-21240]
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61248
Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices
450 Fifth Street NW., Suite 7100
Washington, DC 20530
Telephone: (202) 598–2436
Facsimile: (202) 514–9033
Email: soyoung.choe@usdoj.gov
mstockstill on DSK3G9T082PROD with NOTICES
Certificate of Service
I hereby certify that on this 29th day
of August, 2016, the foregoing Notice of
Extension of Time was filed using the
Court’s CM/ECF system, which shall
send notice to all counsel of record.
lllll/s/lllll
Soyoung Choe
U.S. Department of Justice, Antitrust
Division
Networks & Technology Enforcement
Section
450 Fifth Street NW., Suite 7100
Washington, DC 20530
Telephone: (202) 598–2436
Facsimile: (202) 514–9033
Email: soyoung.choe@usdoj.gov
May 31, 2016
Via Federal Express
United States Department of Justice
450 Fifth Street
Suite 7100
Washington, DC 20530
Attn: Maribeth Petrizzi
Chief Litigation II Section
Antitrust Division
Dear Sirs/Madam:
Please accept these public comments
from Robert S. Moran, Jr., the
undersigned, a partner of the law firm
of McBreen & Kopko in connection with
the pending matter captioned United
States vs. Iron Mountain Inc. (‘‘Iron
Mountain’’) and Recall Holdings Ltd.
(‘‘Recall’’); Proposed Final Judgment
and Competitive Impact Statement Civil
Action No. 1–16–cv–00595. Please be
advised that the undersigned represents
National Records Centers, Inc. (‘‘NRC’’)
a nationwide provider of records
management services (‘‘RMS’’)
throughout the United States. NRC
competes directly with Iron Mountain,
Recall and Access CIG, LLC (‘‘Access’’)
in many markets.
It is our position that the proposed
acquisition will have an anticompetitive
effect and a detrimental impact on the
customers of Iron Mountain, Recall and
Access throughout the United States.
NRC urges the Department of Justice to
completely re-think the Iron Mountain/
Recall merger in its totality. Combining
the number one company in the
industry with the number two company
is unfair and anticompetitive by its very
nature. Approving such an
anticompetitive combination of
businesses by merely causing business
number two to shed some of its business
is clearly not enough to result in open
and fair competition. Forcing divestiture
VerDate Sep<11>2014
17:04 Sep 02, 2016
Jkt 238001
of this business to the number three
company in the industry makes no
sense at all. Instead of forcing this
divestiture to a huge and growing
company, the Department of Justice
should just simply allow those
customers affected by the merger out of
their contracts, without penalty, should
they chose to do so. Then those
customers could pick their service
provider by price and service and not be
forced with the unhappy choice of
staying with company two or going to
company three. Customers are much
better served with choices. The
foundation of our pro-competition
philosophy is choice. The Department
of Justice should not engineer a
Proposed Final Judgment that serves to
limit customer choices.
It is our further position that the
Proposed Final Judgment requires
changes, at a minimum, to make it more
equitable and to address our anticompetitive concerns.
First, we see no reason why any
customer of Recall (not just a ‘‘Split-City
Customer’’) should not have the right to
terminate its contract with Recall
without penalty. This is fair and
reasonable.
Second, the definition for ‘‘Split
Multi-City Customer’’ is overly
restrictive. The definition used in the
Proposed Final Judgment contains the
qualification that ‘‘a Split Multi-City
Customer does not include a Recall
customer that has separate contracts for
each Recall facility in which it stores
records’’. It is our belief that this
qualifying statement should be deleted
from the Split Multi-City Customer
definition.
In the Proposed Final Judgment
Section IV ‘‘Divestitures’’, subparagraph
J it is provided that for a period of one
( 1) year from the date of the sale of any
Divestiture Assets to an Acquirer,
defendant shall allow any Split MultiCity Customer to terminate or otherwise
modify its contract with Recall so as to
enable the Split Multi-City Customer to
transfer some or all of its records to that
Acquirer without penalty or delay and
shall not enforce any contractual
provision providing for permanent
withdrawal fees, retrieval fees, or other
fees associated with transferring such
customers’ records from a Recall
Management Facility to a facility
operated by Acquirer’’.
We see no reason why provision J
does not allow that any Split Multi-City
Customer can have the discretion to
terminate or otherwise modify its
contract with Recall so as to enable the
Split Multi-City Customer to transfer
some or all of its records to any other
person or entity engaged in the records
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
management business and not solely to
Access. In this way fair and open
competition for the business of any Split
Multi-City Customer would occur
allowing either Access or any other
service provider to win the business.
The substantial benefit to any Split
Multi-City Customer is obvious. To
restrict the discretion of these Split
Multi-City Customers so that they have
to do business with Access is unfair and
inequitable. Also the qualification to the
definition of Split Multi-City Customer
further has anti-competitive affects and
restricts open and fair competition.
It is our sincere hope that the
acquisition of Recall by Iron Mountain
not go forward. If it were to go forward
then Recall customers in the affected
markets should be free (without penalty)
to choose any new service provider.
Should the Department of Justice move
forward with this Proposed Final
Judgment, NRC strongly encourages the
Department of Justice to modify the
proposed Final Judgment in two ways.
First, to delete the qualification to the
definition of Split Multi-City Customer
and second, to modify Provision IV
Subsection J to enlarge the period from
one (1) year to three (3) years and to
allow any Split Multi-City Customer to
terminate or otherwise modify its
contract with Recall so as to enable the
Split Multi-City Customer to transfer its
records without penalty or delay to any
records storage provider and not only to
Access.
The foregoing is submitted
respectfully and in the interest of fair
and open competition to enhance the
opportunity for any records storage
company to obtain the business that is
being divested as part of this proposed
Final Judgment.
Thank you.
Very truly yours,
/s/ lllllllllllllllll
Robert S. Moran, Jr.
RSM:km
[FR Doc. 2016–21287 Filed 9–2–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Importer of Controlled Substances
Application: Fisher Clinical Services,
Inc.
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefor, may file written
DATES:
E:\FR\FM\06SEN1.SGM
06SEN1
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Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices
comments on or objections to the
issuance of the proposed registration in
accordance with 21 CFR 1301.34(a) on
or before October 6, 2016. Such persons
may also file a written request for a
hearing on the application pursuant to
21 CFR 1301.43 on or before October 6,
2016.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/ODW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for hearing must be
sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for hearing
should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/LJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/ODW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
SUPPLEMENTARY INFORMATION:
The Attorney General has delegated
her authority under the Controlled
Substances Act to the Administrator of
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to
exercise all necessary functions with
respect to the promulgation and
implementation of 21 CFR part 1301,
incident to the registration of
manufacturers, distributors, dispensers,
importers, and exporters of controlled
substances (other than final orders in
connection with suspension, denial, or
revocation of registration) has been
redelegated to the Deputy Assistant
Administrator of the DEA Office of
Diversion Control (‘‘Deputy Assistant
Administrator’’) pursuant to section 7 of
28 CFR part 0, appendix to subpart R.
In accordance with 21 CFR
1301.34(a), this is notice that on June
17, 2016, Fisher Clinical Services, Inc.,
7554 Schantz Road, Allentown,
Pennsylvania 18106 applied to be
registered as an importer of the
following basic classes of controlled
substances:
mstockstill on DSK3G9T082PROD with NOTICES
Controlled substance
Schedule
Methylphenidate (1724) ................
Levorphanol (9220) ......................
Noroxymorphone (9668) ..............
Tapentadol (9780) ........................
II
II
II
II
The company plans to import the
listed substances for analytical research,
testing, and clinical trials. This
authorization does not extend to the
import of finished FDA approved or
non-approved dosage form for
VerDate Sep<11>2014
17:04 Sep 02, 2016
Jkt 238001
commercial distribution in the United
States.
The company plans to import an
intermediate form of tapentadol (9780)
to bulk manufacture tapentadol for
distribution to its customers. Placement
of this drug code onto the company’s
registration does not translate into
automatic approval of subsequent
permit applications to import controlled
substances. Approval of permit
applications will occur only when the
registrant’s business activity is
consistent with what is authorized
under to 21 U.S.C. 952(a)(2).
Authorization will not extend to the
import of FDA approved or nonapproved finished dosage forms for
commercial sale.
Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016–21240 Filed 9–2–16; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Application: Cody
Laboratories, Inc.
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration in
accordance with 21 CFR 1301.33(a) on
or before November 7, 2016.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/ODW, 8701
Morrissette Drive, Springfield, Virginia
22152.
DATES:
The
Attorney General has delegated her
authority under the Controlled
Substances Act to the Administrator of
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to
exercise all necessary functions with
respect to the promulgation and
implementation of 21 CFR part 1301,
incident to the registration of
manufacturers, distributors, dispensers,
importers, and exporters of controlled
substances (other than final orders in
connection with suspension, denial, or
revocation of registration) has been
redelegated to the Deputy Assistant
Administrator of the DEA Office of
Diversion Control (‘‘Deputy Assistant
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
Administrator’’) pursuant to section 7 of
28 CFR part 0, appendix to subpart R.
In accordance with 21 CFR
1301.33(a), this is notice that on May 18,
2016, Cody Laboratories, Inc., 601
Yellowstone Avenue, Cody, Wyoming
82414 applied to be registered as a bulk
manufacturer of the following basic
classes of controlled substances:
Controlled substance
Dihydromorphine (9145) ...............
Amphetamine (1100) ....................
Methamphetamine (1105) ............
Lisdexamfetamine (1205) .............
Methylphenidate (1724) ................
Amobarbital (2125) .......................
Pentobarbital (2270) .....................
Secobarbital (2315) ......................
4-Anilino-N-phenethyl-4-piperidine
(ANPP) (8333).
Cocaine (9041) .............................
Codeine (9050) .............................
Dihydrocodeine (9120) .................
Oxycodone (9143) ........................
Hydromorphone (9150) ................
Diphenoxylate (9170) ...................
Ecgonine (9180) ...........................
Hydrocodone (9193) .....................
Meperidine (9230) ........................
Methadone (9250) ........................
Methadone intermediate (9254) ...
Morphine (9300) ...........................
Thebaine (9333) ...........................
Oxymorphone (9652) ...................
Alfentanil (9737) ...........................
Remifentanil (9739) ......................
Sufentanil (9740) ..........................
Tapentadol (9780) ........................
Fentanyl (9801) ............................
Schedule
I
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
The company plans to manufacture
the listed controlled substances in bulk
for distribution to its customers.
Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016–21238 Filed 9–2–16; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Application: Isosciences
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration in
accordance with 21 CFR 1301.33(a) on
or before November 7, 2016.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
DATES:
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Notices]
[Pages 61248-61249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21240]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-392]
Importer of Controlled Substances Application: Fisher Clinical
Services, Inc.
ACTION: Notice of application.
-----------------------------------------------------------------------
DATES: Registered bulk manufacturers of the affected basic classes, and
applicants therefor, may file written
[[Page 61249]]
comments on or objections to the issuance of the proposed registration
in accordance with 21 CFR 1301.34(a) on or before October 6, 2016. Such
persons may also file a written request for a hearing on the
application pursuant to 21 CFR 1301.43 on or before October 6, 2016.
ADDRESSES: Written comments should be sent to: Drug Enforcement
Administration, Attention: DEA Federal Register Representative/ODW,
8701 Morrissette Drive, Springfield, Virginia 22152. All requests for
hearing must be sent to: Drug Enforcement Administration, Attn:
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All
requests for hearing should also be sent to: (1) Drug Enforcement
Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive,
Springfield, Virginia 22152; and (2) Drug Enforcement Administration,
Attn: DEA Federal Register Representative/ODW, 8701 Morrissette Drive,
Springfield, Virginia 22152.
SUPPLEMENTARY INFORMATION:
The Attorney General has delegated her authority under the
Controlled Substances Act to the Administrator of the Drug Enforcement
Administration (DEA), 28 CFR 0.100(b). Authority to exercise all
necessary functions with respect to the promulgation and implementation
of 21 CFR part 1301, incident to the registration of manufacturers,
distributors, dispensers, importers, and exporters of controlled
substances (other than final orders in connection with suspension,
denial, or revocation of registration) has been redelegated to the
Deputy Assistant Administrator of the DEA Office of Diversion Control
(``Deputy Assistant Administrator'') pursuant to section 7 of 28 CFR
part 0, appendix to subpart R.
In accordance with 21 CFR 1301.34(a), this is notice that on June
17, 2016, Fisher Clinical Services, Inc., 7554 Schantz Road, Allentown,
Pennsylvania 18106 applied to be registered as an importer of the
following basic classes of controlled substances:
------------------------------------------------------------------------
Controlled substance Schedule
------------------------------------------------------------------------
Methylphenidate (1724)..................... II
Levorphanol (9220)......................... II
Noroxymorphone (9668)...................... II
Tapentadol (9780).......................... II
------------------------------------------------------------------------
The company plans to import the listed substances for analytical
research, testing, and clinical trials. This authorization does not
extend to the import of finished FDA approved or non-approved dosage
form for commercial distribution in the United States.
The company plans to import an intermediate form of tapentadol
(9780) to bulk manufacture tapentadol for distribution to its
customers. Placement of this drug code onto the company's registration
does not translate into automatic approval of subsequent permit
applications to import controlled substances. Approval of permit
applications will occur only when the registrant's business activity is
consistent with what is authorized under to 21 U.S.C. 952(a)(2).
Authorization will not extend to the import of FDA approved or non-
approved finished dosage forms for commercial sale.
Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016-21240 Filed 9-2-16; 8:45 am]
BILLING CODE 4410-09-P
